scholarly journals Property on the Line: Life on the Frontier between Copyright and the Public Domain

2013 ◽  
Vol 44 (1) ◽  
pp. 1
Author(s):  
Graeme W Austin
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Public Domain ◽  
Copyright Law ◽  
Human Rights Law ◽  
Line Life ◽  
The Public ◽  
Inaugural Lecture ◽  
Creativity And Innovation ◽  
The Relationship

This article is an edited transcript of Professor Graeme W Austin's Inaugural Lecture, delivered in the Council Chamber of Victoria University of Wellington on 15 November 2012. Professor Austin was appointed Chair in Private Law in the Faculty of Law in November 2010. This lecture explores claims that in copyright law, the public domain is necessarily in opposition to proprietary rights, and suggests that in many contexts the incentives offered by copyright contribute to the vibrancy and volume of material that is available for downstream creativity and innovation. Drawing on his earlier work on the relationship between human rights law and intellectual property, Professor Austin's lecture advances the idea that cognisance of the human rights dimensions of intellectual property, including creators' human rights, should inform our understanding of the appropriate scope of the rights of copyright owners. The lecture concludes with a warning against the "Walmartization" of copyright.

Human rights principles in the WIPO Marrakesh Treaty: driving change in copyright law from within

2019 ◽  
Vol 9 (3) ◽  
pp. 282-302
Author(s):  
Lida Ayoubi
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Visually Impaired ◽  
Copyright Law ◽  
Property Law ◽  
Human Rights Law ◽  
Limitations And Exceptions ◽  
The Relationship ◽  
Marrakesh Treaty

The number of countries joining the WIPO Marrakesh Treaty for the visually impaired has been gradually increasing since its adoption in 2013. This article evaluates the contribution of the WIPO Marrakesh Treaty to the untangling and understanding of the interface of intellectual property law and human rights law. It analyses the significance of the human rights language used in the Treaty as well as its mandatory copyright exceptions. It is argued that the significance of the Treaty mainly lies in its inclusion of human rights principles. This, together with the introduction of compulsory copyright limitations and exceptions, forms the innovative approach of the Treaty that reshapes the contours of the relationship between intellectual property rights and human rights.

In Lieu of a Travaux Préparatoires: A Commentary on the Kampala Convention for IDPs

2019 ◽  
Vol 31 (2-3) ◽  
pp. 349-378
Author(s):  
J O Moses Okello
Keyword(s):  
Human Rights ◽  
Public Domain ◽  
The Body ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Human Rights Law ◽  
Internally Displaced ◽  
The Public ◽  
Personal Involvement

Abstract The Kampala Convention was adopted on 23 October 2009 and came into force on 4 January 2013. The first binding international instrument for the protection and assistance of internally displaced persons, it occupies an important space among the body of African regional humanitarian and human rights law. The Convention addresses all stages of internal displacement and provides a framework for coordinating activities by governments and humanitarian actors aimed at preventing and addressing internal displacement. The Kampala Convention is the result of many years of work, although no formal records of its drafting and negotiation were kept. This article contributes towards addressing this gap. Based on the author’s personal involvement in the Convention’s drafting, and supplementing earlier research, this article shares information previously unavailable in the public domain and provides a commentary on some of the Convention’s provisions.

Protecting Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Natural Resources ◽  
Environmental Law ◽  
Legal Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Conservation Of Natural Resources ◽  
The Relationship ◽  
Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

The Protection of Intellectual Property in International Human Rights Law

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Fundamental Rights ◽  
European Convention ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Cultural Rights ◽  
Core Subject ◽  
Charter Of Fundamental Rights ◽  
The Eu

This chapter examines the human rights system and the way it deals with human creations and innovations that are the traditional core subject matter of intellectual property (IP) rights. It begins by reviewing the scope for protection under Article 27 (2) Universal Declaration of Human Rights (UDHR) and Article 15 (1) (c) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The chapter moves on to the protection of property in human rights law, especially on the regional, European level. It examines how IP can be protected as property under the European Convention of Human Rights (ECHR) and under the EU Charter of Fundamental Rights (EU Charter). Finally, the chapter looks at some of the overlaps with international IP rules and the conflict norms in the human rights system to address such overlaps.

Fixing Improvisation

2014 ◽  
Author(s):  
Anthea Kraut
Keyword(s):  
Twentieth Century ◽  
African American ◽  
Intellectual Property ◽  
Case Studies ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Tap Dance ◽  
American Vernacular ◽  
The Relationship

This chapter juxtaposes brief case studies of African American vernacular dancers from the first half of the twentieth century in order to reexamine the relationship between the ideology of intellectual property law and the traditions of jazz and tap dance, which rely heavily on improvisation. The examples of the blackface performer Johnny Hudgins, who claimed a copyright in his pantomime routine in the 1920s, and of Fred and Sledge, the class-act dance duo featured in the hit 1948 musical Kiss Me, Kate, whose choreography was copyrighted by the white modern dancer Hanya Holm, prompt a rethinking of the assumed opposition between the originality and fixity requirements of copyright law and the improvisatory ethos of jazz and tap dance. Ultimately, the chapter argues that whether claiming or disavowing uniqueness, embracing or resisting documentation, African American vernacular dancers were both advantaged and hampered by copyright law.

Human rights restrictions during the COVID-19 pandemic in Poland and Russia. Legal and comparative aspects

2021 ◽  
Vol 2(24) ◽  
pp. 323-340
Author(s):  
Marta Pietras-Eichberger
Keyword(s):  
Public Health ◽  
European Union ◽  
Human Rights ◽  
Public Interest ◽  
The European Union ◽  
Human Rights Law ◽  
The Public ◽  
Safety And Health ◽  
Research Problems ◽  
The Impact

The study analyzed selected issues related to the scope of human rights and freedoms during the COVID-19 pandemic in Poland and Russia. The author wanted to compare the regulations issued by a Member State of the European Union and a country outside the European Union, often using undemocratic methods of exercising power. The work focuses on research problems related to the principles of protection, the confrontation of individual interests with the public interest, and the impact of the regimes introduced during the COVID-19 pandemic on human rights law in both countries. The thesis of the study is that in the event of a threat to public health, analogous restrictions on human rights are introduced both in an undemocratic country and in a country belonging to international structures identifying with democratic values. The state of the COVID-19 pandemic has exposed, and in some area even contributed to the creation of mechanisms reserved for crisis situations, posing a direct and real threat to public safety and health.

scholarly journals Are Rights Out of Time? International Human Rights Law, Temporality, and Radical Social Change

2018 ◽  
Vol 28 (6) ◽  
pp. 817-838 ◽  
Author(s):  
Kathryn McNeilly
Keyword(s):  
Human Rights ◽  
Social Change ◽  
20Th Century ◽  
Judith Butler ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Future ◽  
International Human ◽  
The Relationship

Human rights were a defining discourse of the 20th century. The opening decades of the twenty-first, however, have witnessed increasing claims that the time of this discourse as an emancipatory tool is up. Focusing on international human rights law, I offer a response to these claims. Drawing from Elizabeth Grosz, Drucilla Cornell and Judith Butler, I propose that a productive future for this area of law in facilitating radical social change can be envisaged by considering more closely the relationship between human rights and temporality and by thinking through a conception of rights which is untimely. This involves abandoning commitment to linearity, progression and predictability in understanding international human rights law and its development and viewing such as based on a conception of the future that is unknown and uncontrollable, that does not progressively follow from the present, and that is open to embrace of the new.

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